Investor Presentaiton
Court of Appeals - Meeting the
Elements (or not)
Abandonment finding is proper where a parent missed 23 of 49 possible visits, never
progressed beyond supervised visits (because of ongoing substance use concerns) and failed
to provide financial support. Docket # 49948.
Failure to protect a child from a known dangerous person can amount to the failure to
provide safe housing. There, the home was occupied by a grandfather who allegedly
physically abused the child and there was some evidence that he threatened to kill a parent.
Docket # 49792.
▶ The Court of Appeals took no issue with a magistrate's determination that refusal to test
likely indicated ongoing substance use. Docket # 49948.
► A parent's ongoing drug use is not a product of impossibility and does not support a claim
of impossibility. Docket #49597.
Generally, the courts have not adopted parent's arguments where a case plan task is not
completed, but that parent argues that they have made "progress" on the case plan task or
have "substantially completed" a task. Docket # 49247, 49249, 49380, 49399, & 49597.View entire presentation